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Pending Cases

Case C-301/21, Discrimination General, Age Discrimination

Curtea de Apel Alba Iulia and Others – v – YF and Others, reference lodged by the Curtea de Apel Oradea (Romania) on 11 May 2021

Journal European Employment Law Cases, Issue 3 2021
Keywords Discrimination General, Age Discrimination
Rulings

ECJ 30 September 2021, case C-285/20 (Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen (Uwv)), Social Insurance

K – v – Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen (Uwv), Dutch Case

Journal European Employment Law Cases, Issue 3 2021
Keywords Social Insurance
Abstract

    Article 65 (2 and 5) must be interpreted as applying to applicants who received sickness benefits in another member state if the social security legislation of the competent member state equates receiving sickness benefits to the pursuit of an activity.

Pending Cases

Case C-392/21, Health and Safety

TJ – v – Inspectoratul General pentru Imigrări, reference lodged by the Curtea de Apel Cluj (Romania) on 24 June 2021

Journal European Employment Law Cases, Issue 3 2021
Keywords Health and Safety
Rulings

ECJ 6 October 2021, case C-272/20 P (Veit/ECB), Miscellaneous

Sebastian Veit – v – European Central Bank (ECB), EU Case

Journal European Employment Law Cases, Issue 3 2021
Keywords Miscellaneous
Abstract

    Mr Veit’s complaint against his salary scale classification was dismissed.

Landmark Ruling

ECJ 15 July 2021, joined cases C-804/18 and C-341/19 (WABE), Religious Discrimination

IX – v – WABE eV and MH Müller Handels GmbH – v – MJ, German cases

Journal European Employment Law Cases, Issue 3 2021
Keywords Religious Discrimination
Abstract

    An employer’s need to present a neutral image may justify a prohibition on any visible expression of beliefs, but must correspond to a genuine need, notwithstanding the specific national context end more favourable national provisions.

    In its decision rendered on 29 September 2020, the Austrian Supreme Court (Oberster Gerichtshof, ‘OGH’) ruled that periods of prior professional services completed with employers in the EU or the EEA other than the current employer must be taken into account for salary classifications to guarantee the freedom of movement of workers under Article 45 TFEU.


Stefan Zischka
Stefan Zischka is Partner at Jank Weiler Operenyi Attorneys at Law / Deloitte Legal Austria.

Christina Feistritzer
Christina Feistritzer is Associate at Jank Weiler Operenyi Attorneys at Law / Deloitte Legal Austria.

    The Craiova Court of Appeal has ruled that a trade union that organized an illegal strike was civilly liable for the entire prejudice caused to the employer due to the interruption of its business activity. The compensation will be calculated based on the damage incurred by the employer, regardless of whether the strike took place for only two hours, as in the case at hand, if the activity of the unit was disrupted for a longer period of time due to such strike action.


Andreea Suciu
Andreea Suciu is Managing Partner of Suciu | The Employment Law Firm.

Andreea Oprea
Andreea Oprea is an Associate at Suciu | The Employment Law Firm.

    The UK’s Supreme Court (SC) has ruled that retail staff of the supermarket chain Asda can compare themselves under UK law to higher-paid distribution depot staff for the purposes of an equal pay claim. In a separate case against Tesco, the ECJ subsequently confirmed that the company’s shop workers can rely directly on EU law to compare themselves to distribution centre workers for the purposes of such a claim.


Carolyn Soakell
Carolyn Soakell is a partner at Lewis Silkin LLP.
Rulings

ECJ 15 July 2021, case C-742/19 (Ministrstvo za obrambo), Working Time

BK – v – Republika Slovenija (Ministrstvo za obrambo), Slovenian case

Journal European Employment Law Cases, Issue 3 2021
Keywords Working Time
Abstract

    In a limited number of security activities, military personnel are excluded from the scope of the Working Time Directive. The Directive does not prohibit stand-by periods and actual work to be remunerated differently.

Pending Cases

Case C-410/21, Social Insurance

FU, DRV Intertrans BV, reference lodged by the Hof van Cassatie (Belgium) on 5 July 2021

Journal European Employment Law Cases, Issue 3 2021
Keywords Social Insurance
Pending Cases

Case C-356/21, Discrimination, Sexual Orientation

JK – v – TP S.A., reference lodged by the Sąd Rejonowy dla m. st. Warszawy w Warszawie (Poland) on 7 June 2021

Journal European Employment Law Cases, Issue 3 2021
Keywords Discrimination, Sexual Orientation
Pending Cases

Case C-453/21, Privacy, Unfair Dismissal

X-FAB Dresden GmbH & Co. KG – v – FC, reference lodged by the Bundesarbeitsgericht (Germany) on 21 July 2021

Journal European Employment Law Cases, Issue 3 2021
Keywords Privacy, Unfair Dismissal
Rulings

ECJ 14 October 2021, case C-583/19 P (Bernaldo de Quirós v Commission), Miscellaneous

Belén Bernaldo de Quirós – v – European Commission, EU Case

Journal European Employment Law Cases, Issue 3 2021
Keywords Miscellaneous
Abstract

    The ECJ, like the General Court, dismissed the appeal against the imposed disciplinary sanction.

Rulings

ECJ 28 October 2021, case C-636/19 (CAK), Social Insurance

Y – v – Centraal Administratie Kantoor, Dutch case

Journal European Employment Law Cases, Issue 3 2021
Keywords Social Insurance
Abstract

    Following up on the ECJ’s judgment in the Kalliri case, the Greek Council of State (Conseil d’État) held in a Plenary Session decision that a legal provision of Presidential Decree 90/2003 requiring that candidates for admission to the Greek Officers and Policemen School must be at least 1.70 m, independently of their sex, was indirectly discriminatory against female candidates. It based its decision on Directive 76/207/EEC as well as principles of the Greek constitution.


Effie Mitsopoulou
Effie Mitsopoulou is an attorney-at-law at Effie Mitsopoulou Law Office.
Rulings

ECJ 6 October 2021, case C-408/20 P (Poggiolini v Parliament), Miscellaneous

Danilo Poggiolini – v – European Parliament, EU Case

Journal European Employment Law Cases, Issue 3 2021
Keywords Miscellaneous
Abstract

    Successful appeal against General Court Order dated 3 July 2020 on rejection of claims regarding recovery of pension amounts. The case is referred back to the General Court for a ruling on the claims made by Mr Poggiolini.

Rulings

ECJ 6 October 2021, case C-598/19 (Conacee), Miscellaneous

Confederación Nacional de Centros Especiales de Empleo (Conacee) – v – Diputación Foral de Gipuzkoa, Spanish case

Journal European Employment Law Cases, Issue 3 2021
Abstract

    Member States may impose additional criteria in reserving the right to participate in public procurement to particular sheltered workshops, provided that they comply with the principles of equal treatment and proportionality.

Pending Cases

Case C-404/21, Pension

WP – v – Instituto nazionale della previdenza sociale, Repubblica italiana, reference lodged by the Tribunale Ordinario di Asti (Italy) on 13 January 2021

Journal European Employment Law Cases, Issue 3 2021
Keywords Pension
Pending Cases

Case C-304/21, Age Discrimination

VT – v – Ministero dell’Interno, Ministero dell’Interno – Dipartimento della Pubblica Sicurezza – Direzione centrale per le risorse umane, reference lodged by the Consiglio di Stato (Italy) on 12 May 2021

Journal European Employment Law Cases, Issue 3 2021
Keywords Age Discrimination
Rulings

ECJ 15 July 2021, case C-851/19 P (DK/EEAS), Miscellaneous

DK – v – European External Action Service (EEAS), EU Case

Journal European Employment Law Cases, Issue 3 2021
Keywords Miscellaneous
Abstract

    Internal EU Case. Appeal against disciplinary pension deduction dismissed.

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